| （School of Mangement and Communication of Sports，Capital University of Physical Education and Sports，Beijing 100191，China) Abstract: The author studied the characteristics of labor agreements offered by four major leagues as well as the con-tents of labor agreements and standard player contracts offered by four major leagues, believed that players and clubs are contract subjects. The contents of player contracts include stipulations on such clauses as contract term, job content, player salary, player welfare, player assurance, physical condition, promotion activity, prohibited activity, usage of player’s commercial personality right, player’s misconduct and disciplinary punishment, dispute settlement, responsi-bility waiver etc. In player contracts, stipulations on such clauses as income sharing, minimum wage and welfare have provided assurance for player rights; different from ordinary labor contracts, a lot of clauses are used in the contracts to restrict player rights, such as the commercial use of personality rights, prohibition of dangerous activity participation, physical condition, doping test, good behaviors and disciplinary punishment restraint, drafting system, contract dissolu-tion restraint and responsibility waiver etc. These restraints involve with the restriction of player privacy right, image right, occupation choosing right, from the perspective of law, these restrictive agreements reached through labor nego-tiation can be exempted from antitrust scrutiny according to non-statutory labor exemption, which is also the price for the players’ high salaries which are much higher than ordinary workers’ salaries and their perfected welfare.
Key words: sports management；professional league；labor agreement；labor contract；antitrust；USA |
